Arrest and Health Concerns
The client's partner was arrested during a police operation conducted in New South Wales early in the morning and has been in custody since October 2024. A certain amount of illicit substance was seized during the operation. The client is unaware of the specific charges, but a court mention is scheduled for January 2025. Since the arrest, the partner's health has declined significantly, as he was due for surgery and has experienced complications related to an infection. Despite receiving medical treatment in custody, the client is concerned about the partner's deteriorating health and has not yet discussed seeking bail with legal representation.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat can be done to expedite my partner's medical treatment while in custody, given his deteriorating health condition?
To expedite your partner's medical treatment while in custody, it's crucial to communicate with his solicitor about the urgency of his medical needs. Request that the solicitor apply to the court for urgent medical attention, potentially through a bail variation or a court order for necessary care. Documentation from his medical professionals detailing his condition and treatment plan should be provided to support his case.
How might the lack of clarity around the charges impact the defence strategy and what steps should we take to clarify these charges?
The lack of clarity around the charges can significantly hinder the preparation of a defence strategy. To clarify the charges, an immediate step is to obtain a copy of the charge sheet from the police or through your partner's solicitor. Requesting a detailed explanation from the prosecuting authority may also be beneficial.
What are the legal implications of the aggressive nature of the police operation and property seizure, and can these actions be challenged?
The aggressive nature of the police operation and the seizure of property can potentially be challenged under Australian law if it is determined that the police actions were unreasonable or unlawful. Discuss these concerns with your partner's legal representation.
How can we ensure that his health records are adequately considered in his upcoming court mention and any subsequent legal proceedings?
To ensure your partner's health records are adequately considered during the court mention and future proceedings, his solicitor should file a formal application to the court for the inclusion of medical evidence detailing the urgency of his surgery and current health status.
Are there any potential grounds for seeking bail or a modification of custody conditions, especially in light of his urgent medical needs?
Given your partner's urgent medical needs, you might have grounds to seek bail or a modification of custody conditions under the appropriate legislation. The declining health due to postponed surgery could be considered exceptional circumstances justifying a bail application. Consulting with your solicitor about an urgent bail application prioritising health concerns would be prudent.
Is there any way for myself to see the brief so I know a bit more about how I can help him?
To see your partner's brief, you would need his written consent, as legal documents are confidential. You can ask your partner to authorise his solicitor to share the brief with you to better understand the charges and help in his defence.
